THIRD SECTION
DECISION
This version was rectified on 24 April 2020
under Rule 81 of the Rules of Court.
Application no. 112/17
Konstantin Grigoryevich ZUBOV against Russia
and 21 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting on 29 August 2019 as a Committee composed of:
Alena Poláčková, President,
Dmitry Dedov,
Gilberto Felici, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the declarations submitted by the respondent Government requesting the Court to strike the applications out of the list of cases, and the applicants’ replies to these declarations,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants’ complaints under Article 3 of the Convention concerning the inadequate conditions of detention were communicated to the Russian Government (“the Government”). In some of the applications, complaints based on the same facts were also communicated under other provisions of the Convention.
The Government submitted declarations with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the applications.
The Government acknowledged the inadequate conditions of detention. In some of the applications, they further acknowledged that the domestic authorities had violated the applicants’ rights guaranteed by other provisions of the Convention (see the appended table). They offered to pay the applicants the amounts detailed in the appended table and invited the Court to strike the applications out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amounts would be converted into the currency of the respondent State at the rate applicable on the date of payment, and would be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertook to pay simple interest on them, from the expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
The payment will constitute the final resolution of the cases.
The applicants informed the Court that they agreed to the terms of the declarations.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
The Court finds that, following the applicants’ express agreement to the terms of the declaration made by the Government, the cases should be treated as a friendly settlement between the parties.
It therefore takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and the Protocols thereto and finds no reasons to justify the continued examination of the applications.
In view of the above, it is appropriate to strike the cases out of the list as regards the complaints concerning the inadequate conditions of detention, as indicated in the unilateral declarations by the Government, as well as the other complaints under the well-established case-law (see the appended table).
The applicant in application no. 26786/18 also raised a complaint under Article 3 of the Convention about the conditions during another period of his detention.
The Court has examined this complaint and considers that, in the light of all the material in its possession and in so far as the matter complained of is within its competence, this complaint either does not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or does not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto.
It follows that this part of application no. 26786/18 must be rejected in accordance with Article 35 § 4 of the Convention.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention as regards the complaints concerning the inadequate conditions of detention and the other complaints under the well-established case-law, as indicated in the unilateral declarations by the Government;
Declares the remainder of application no. 26786/18 inadmissible.
Done in English and notified in writing on 19 September 2019.
Liv TigerstedtAlena Poláčková
Acting Deputy RegistrarPresident
APPENDIX
List of applications raising complaints under Article 3 of the Convention
(inadequate conditions of detention)
No.
Application no.
Date of introduction
Applicant’s name
Date of birth
Representative’s name and location
Other complaints under
well-established case-law
Date of receipt of Government’s declaration
Date of receipt of applicant’s acceptance
Amount awarded for pecuniary and non‑pecuniary damage and costs and expenses per applicant
(in euros)[i]
112/17
13/04/2018
Konstantin Grigoryevich Zubov
13/07/1989
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
16/10/2018
15/01/2019
13,750
40587/17
16/12/2017
Sergey Anatolyevich Bondar
03/12/1994
16/07/2018
11/09/2018
10,800
51479/17
05/12/2017
Dilovar Kholmakhmadovich Abdulfayzov
08/12/1995
Korobeynikov Grigoriy Anatolyevich
St Petersburg
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
16/07/2018
25/09/2018
7,000
56923/17
19/07/2017
Nikita Olegovich Kurnovenkov
21/01/1998
13/02/2018
03/05/2018
4,650
438/18
06/12/2017
Vladimir Moiseyevich Karmazin
30/05/1956
Belinskaya Marina Aleksandrovna
St Petersburg
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
16/07/2018
03/10/2018
5,500
770/18
05/05/2018
Vitaliy Valeryevich Lokhmatov
24/06/1982
09/01/2019
08/04/2019
3,255
1298/18
21/03/2018
Vitaliy Anatolyevich Khaptsov
27/03/1984
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
16/10/2018
26/02/2019
3,555
9061/18
23/05/2018
Dmitriy Valeryevich Smirnov
08/09/1979
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
09/01/2019
08/04/2019
1,895
10942/18
10/02/2018
Aleksey Nikolayevich Fedorov
27/10/1985
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention –
09/01/2019
21/03/2019
7,045
10944/18
09/02/2018
Artem Andreyevich Zayats
18/09/1990
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention –
09/01/2019
21/03/2019
13,100
12024/18
17/02/2018
Maksim Vyacheslavovich Ushakov
05/04/1977
Belinskaya Marina Aleksandrovna
St Petersburg
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention –
09/01/2019
21/03/2019
2,890
12194/18
04/02/2018
Maksim Anatolyevich Zhurlov
15/12/1984[1]
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention –
09/01/2019
30/04/2019
5,900
14681/18
07/03/2018
Dmitriy Yuryevich Koshelev
27/09/1983
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention - ,
Art. 3 - inadequate conditions of detention during transport - transport by van and detention in the holding cell to attend court hearings; 0,4 sq.m; 11/09/2017 - 29/10/2017
04/10/2018
26/11/2018
3,100
15725/18
07/03/2018
Aleksandr Sergeyevich Ivanov
24/03/1992
Palmskiy Anatoliy Aleksandrovich
St Petersburg
09/01/2019
26/03/2019
5,900
16776/18
14/03/2018
Anton Nikolayevich Kudashov
02/11/1984
Belinskaya Marina Aleksandrovna
St Petersburg
Art. 13 - lack of any effective remedy in domestic law - to complaint about poor conditions of transport,
Art. 3 - inadequate conditions of detention during transport - numerous occasions of transport by van from the detention facility to investigative actions or the courthouses in the period from 24/05/2016 to 15/09/2017; overcrowding; restricted access to toilet; etc. ,
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention –
04/10/2018
05/12/2018
6,000
17002/18
21/03/2018
Dmitriy Valeryevich Mikhaylov
06/12/1983
Antonova Yekaterina Vladimirovna
St Petersburg
04/10/2018
11/12/2018
1,630
17076/18
28/03/2018
Ivan Denisovich Novozhilov
26/07/1996
04/10/2018
11/12/2018
4,500
19104/18
16/03/2018
Ivan Valeryevich Fedotyev
16/07/1985
04/10/2018
11/01/2019
1,265
26762/18
03/05/2018
Andrey Pavlovich Shubin
02/09/1982
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
09/01/2019
18/03/2019
1,630
26786/18
17/05/2018
Aleksandr Vladimirovich Novikov
16/09/1955
09/01/2019
23/03/2019
2,890
27478/18
27/05/2018
Aleksandr Vasilyevich Fedortsov
04/08/1947
Chernyshov Yevgeniy Vladimirovich
Novocherkassk
09/01/2019
18/04/2019
13,500
27841/18
21/05/2018
Mikhail Zaytsev
17/10/1993
Prokofyeva Viktoriya Pavlovna
St Petersburg
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -
16/01/2019
20/03/2019
6,500
[1] Rectified on 24 April 2020: the text was "15/12/1954"
[i]. Plus any tax that may be chargeable to the applicants.
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